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ReptiMarket Terms and Conditions

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REPTIMARKET TERMS AND CONDITIONS

§1. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  1. Operator – the entity operating the ReptiMarket online platform and providing electronic services in accordance with these Terms and Conditions.
  2. Platform or ReptiMarket – the online marketplace operated by the Operator, accessible through the website and, where applicable, mobile applications, enabling Users to publish listings, operate stores, communicate with one another, and use the services provided by the Operator.
  3. Terms and Conditions – this document governing the rules for using the ReptiMarket Platform.
  4. User – any natural person, legal entity, or organisational unit with legal capacity using the Platform.
  5. Seller – a User who publishes Listings or operates a Store on ReptiMarket for the purpose of selling animals, products, or services in compliance with applicable law and these Terms and Conditions.
  6. Buyer – a User interested in purchasing an animal, product, or service offered through the Platform.
  7. Account – an individual User profile created upon registration with ReptiMarket.
  8. Store – a dedicated space provided to a Seller within the Platform for publishing Listings, presenting products or services, and conducting sales.
  9. Listing – any offer published by a Seller on ReptiMarket, including, in particular, descriptions, photographs, videos, information concerning an animal, product, or service, and any other information made available to Buyers.
  10. Content – any materials published by Users, including, without limitation, photographs, videos, graphics, logos, breeding names, store names, descriptions, comments, documents, and other files made available through the Platform.
  11. Services – all electronic services provided by the Operator through the Platform, whether free of charge or paid.
  12. Subscription – a recurring paid service enabling access to selected Platform features in accordance with the applicable Price List.
  13. Price List – the current schedule of fees for services provided by the Operator, published on the ReptiMarket website.
  14. User Panel – the individual section of the Platform available after logging into an Account, allowing the User to manage their Account, Store, Listings, and personal settings.
  15. System Messages – communications sent by the Operator via email, SMS, push notifications, or the User Panel concerning the operation of the Platform, security, amendments to these Terms and Conditions, payments, services, and other matters related to the provision of electronic services.
  16. Consumer – a User qualifying as a consumer under applicable law.
  17. Business User – a User conducting business or professional activities within the meaning of applicable law.
  18. Force Majeure – any external event beyond reasonable control that could not have been foreseen or prevented despite exercising due diligence, including, but not limited to, war, riots, natural disasters, epidemics, pandemics, cyberattacks, failures of IT infrastructure, power outages, or decisions of public authorities.
  19. Privacy Policy – the document describing the principles governing the processing of personal data and the use of cookies by the Operator.
  20. Business Day – any day from Monday to Friday, excluding public holidays recognised in the Republic of Poland.
  21. Unless the context requires otherwise, words used in the singular shall include the plural, and vice versa.
  22. Section headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

§2. General Provisions

  1. These Terms and Conditions govern the use of the ReptiMarket online marketplace operated by the Operator.
  2. In particular, the Platform enables Users to:
    1. publish Listings relating to the sale of exotic animals and reptile-keeping products;
    2. operate Stores and breeder profiles;
    3. communicate with other Users;
    4. use additional services provided by the Operator.
  3. By using the Platform, the User confirms acceptance of these Terms and Conditions and agrees to comply with them.
  4. These Terms and Conditions constitute the terms governing the provision of electronic services within the meaning of the applicable laws.
  5. Any matters not regulated by these Terms and Conditions shall be governed by the laws of the Republic of Poland.

§3. User Account and Verification

  1. A natural person or business entity may maintain only one Seller Account and one Store on ReptiMarket.
  2. Creating an Account requires the User to provide accurate, complete, and up-to-date information.
  3. The User shall be solely responsible for the accuracy of the information provided.
  4. The Operator reserves the right to verify the accuracy of the User's information at any time.
  5. The Operator may request documents confirming the User's identity, including, but not limited to:
    1. a national identity card;
    2. a passport; or
    3. business registration documents.
  6. The Operator may also verify a breeding operation by requesting documentation confirming the lawful operation of the breeding facility, possession of any required licences, permits, or CITES documentation.
  7. Until the verification process has been completed, the Operator may restrict access to selected Platform features.
  8. A User whose Account has been suspended or permanently removed for violating these Terms and Conditions may not:
    1. create another Account;
    2. use another User's Account;
    3. conduct sales through another User's Account.
  9. In order to ensure the security of the Platform, the Operator may identify Accounts belonging to the same person or entity based on available information, including IP addresses, telephone numbers, email addresses, billing information, or other data necessary for maintaining Platform security.
  10. The Platform is intended for persons having full legal capacity. Minors may use the Platform only with the consent of their legal representative where permitted by applicable law.
  11. The User shall keep their login credentials confidential. The Operator shall not be liable for any consequences resulting from the User disclosing their login credentials to third parties.

§4. Communication Between Users

  1. Sellers are expected to respond to messages received through the Platform within a reasonable period of time.
  2. Users are prohibited from publishing or sending content that is:
    1. offensive;
    2. defamatory;
    3. discriminatory;
    4. inciting violence;
    5. threatening;
    6. infringing the personal rights of others; or
    7. otherwise unlawful.
  3. Users are prohibited from:
    1. encouraging other Users to conduct negotiations outside the Platform;
    2. circumventing ReptiMarket's functionality in order to avoid applicable fees or commissions;
    3. sending unsolicited commercial communications (spam);
    4. using the messaging system for purposes unrelated to the operation of the Platform.
  4. The Operator is not responsible for the content of messages exchanged between Users.
  5. The Operator may review the content of User communications only where required by applicable law, in response to reports of violations of these Terms and Conditions, or where necessary to ensure the security of the Platform.

§5. Listings

  1. All information contained in a Listing must be truthful, accurate, and up to date.
  2. This applies in particular to information concerning:
    • species;
    • genetic morph;
    • sex;
    • age;
    • body weight;
    • origin;
    • legal status;
    • health condition;
    • accompanying documentation; and
    • animal identification or marking.
  3. Where the Seller cannot determine an animal's genetics with complete certainty, the relevant genetic trait must be clearly identified as:
    • "possible";
    • "poss."; or
    • any equivalent designation indicating uncertainty.
  4. Photographs and videos must depict the actual animal being offered for sale unless the Operator expressly permits an exception due to the nature of the Listing.
  5. The Seller bears sole responsibility for the content of their Listing.
  6. The Operator may correct obvious technical or editorial errors in a Listing where necessary for the proper functioning of the Platform.
  7. The following are strictly prohibited:
    • offering sick or visibly weakened animals for sale;
    • offering genetic mutations recognised as detrimental to animal welfare;
    • listing eggs or unborn animals for sale;
    • publishing multiple Listings relating to the same animal;
    • using misleading pricing practices;
    • offering animals that the Seller does not actually possess;
    • offering animals that have been in the Seller's possession for less than 30 days, except where the animals originate from the Seller's own breeding operation;
    • drop-shipping live animals;
    • publishing Listings that infringe the rights of third parties; or
    • publishing content promoting competing online marketplaces.

§6. Photographs and Multimedia Content

  1. All photographs and videos published in a Listing must accurately depict the animal being offered for sale.
  2. Publishing photographs or videos of animals other than the animal offered for sale is prohibited unless expressly authorised by the Operator.
  3. Users must not alter photographs or videos in a manner that may mislead other Users, including, but not limited to:
    • modifying colours;
    • altering patterns or markings;
    • removing visible defects;
    • applying retouching or editing that changes the animal's actual appearance.
  4. AI-generated images may not be used to represent animals offered for sale.
  5. Artificial intelligence tools may only be used to create or edit backgrounds or graphic elements that do not alter or misrepresent the appearance of the animal.
  6. The User warrants that all published Content is free from third-party claims and does not infringe the rights of any third party.
  7. The Operator reserves the right to reject or remove photographs or videos that fail to meet quality standards or violate these Terms and Conditions.

§7. Transfer of Animals

  1. ReptiMarket does not organise, arrange, or broker the transportation of live animals.
  2. Animals may be transferred:
    1. by personal collection; or
    2. by any other method permitted under applicable law and agreed upon by both parties to the transaction.
  3. The Operator accepts no responsibility for the organisation, execution, or consequences of transporting live animals.
  4. The parties to the transaction are solely responsible for ensuring that the transfer of the animal complies with all applicable laws and recognised animal welfare standards.

§8. Personal Data, Electronic Communications, and User Consent

  1. The Operator processes Users' personal data in accordance with applicable law, including Regulation (EU) 2016/679 (GDPR), applicable data protection legislation, and the ReptiMarket Privacy Policy.
  2. The Operator implements appropriate technical and organisational measures to protect personal data against loss, destruction, unauthorised access, disclosure, or other unlawful processing.
  3. By registering an Account, the User:
    • confirms that they have read these Terms and Conditions and the Privacy Policy;
    • accepts their provisions; and
    • consents to the provision of electronic services by the Operator.
  4. Registration of an Account constitutes the User's consent to receive communications necessary for the proper provision of the Services via:
    • email;
    • SMS;
    • System Messages; and
    • push notifications, where available.
  5. Such communications may include, in particular:
    • Account activation;
    • login notifications;
    • Account security alerts;
    • password recovery instructions;
    • amendments to these Terms and Conditions;
    • updates to the Privacy Policy;
    • payment notifications;
    • Subscription expiry reminders;
    • responses to complaints;
    • messages from other Users;
    • technical notices;
    • scheduled maintenance announcements; and
    • other information relating to the operation of the Platform.
  6. The User may separately consent to receive:
    • newsletters;
    • marketing communications;
    • promotional offers;
    • discount codes;
    • information about new features;
    • educational materials; and
    • information about industry events organised or supported by ReptiMarket.
  7. Marketing consent may be withdrawn at any time without affecting the lawfulness of any processing carried out before such withdrawal.
  8. Withdrawal of marketing consent shall not affect the Operator's right to send communications necessary for providing the Services.
  9. The Operator may also notify Users about new Platform features, additional Services, and amendments to the Price List.

§9. Legal Compliance and User Responsibility

  1. Sellers are responsible for complying with all applicable laws and regulations.
  2. Where animals protected under the CITES Convention or other wildlife protection legislation are offered for sale, the Seller must possess all documentation required by applicable law.
  3. The Operator may request documentation confirming the lawful origin of an animal or the legality of offering it for sale.
  4. The sale of species whose trade is prohibited under applicable law, including invasive species, is strictly prohibited.
  5. Users may not offer products whose sale is prohibited or restricted by law, including, but not limited to:
    • firearms;
    • ammunition;
    • explosives;
    • narcotic or psychotropic substances;
    • medicinal products subject to legal restrictions;
    • alcoholic beverages;
    • tobacco products; or
    • products that infringe the rights of third parties.
  6. The Seller bears full responsibility for:
    • the legality of the animals offered for sale;
    • the legality of the products offered for sale;
    • the accuracy of the information contained in Listings; and
    • compliance of their business activities with applicable law.
  7. ReptiMarket is not a party to any agreement concluded between Users.
  8. The Operator shall not be liable for any failure or improper performance of obligations by Users.
  9. Each User uses the Platform entirely at their own risk and responsibility.

§10. Payments and Fees

  1. Access to selected Platform features may require payment in accordance with the applicable Price List.
  2. The Operator may charge, in particular:
    • Subscription fees;
    • sales commissions;
    • fees for additional services;
    • fees for promoting Listings;
    • fees for promoting Stores; and
    • fees for additional Platform features.
  3. The current Price List is published on the ReptiMarket website and forms an integral part of the Services provided by the Operator.
  4. All fees shall be charged in accordance with the selected Subscription plan or the scope of Services purchased by the User.
  5. The Operator shall issue invoices or other accounting documents in accordance with applicable law.
  6. Failure to make payment by the due date entitles the Operator to:
    • restrict Account functionality;
    • hide Listings;
    • remove a Store from search results;
    • prevent the publication of new Listings;
    • suspend the Account;
    • terminate the agreement for the provision of electronic services; and
    • charge statutory interest for late payment where permitted by applicable law.
  7. Outstanding payments may be recovered directly by the Operator or through:
    • legal counsel;
    • a debt collection agency;
    • court proceedings; or
    • enforcement proceedings.
  8. The Operator reserves the right to amend the Price List for valid reasons, including:
    • changes in the costs of providing the Services;
    • changes in applicable law; or
    • the development of new Platform features.
  9. Users shall be notified of any changes to the Price List at least fourteen (14) days before such changes take effect.

§11. Reporting Violations

  1. Any User may report a violation of these Terms and Conditions to the Operator.
  2. A report should include at least:
    • the reporting User's details;
    • a description of the alleged violation;
    • a link to the relevant Listing or Account; and
    • the reasons supporting the report.
  3. The Operator may request additional information or documentation necessary to investigate the report.
  4. Every report shall be assessed individually.
  5. The Operator is not obliged to disclose the details or outcome of any actions taken in response to a report.
  6. Knowingly submitting false reports or abusing the reporting system to harass other Users may result in sanctions under these Terms and Conditions.

§12. Sanctions

  1. If a User breaches these Terms and Conditions, the Operator may impose one or more of the following measures:
    • issue a warning;
    • require the User to remedy the violation;
    • remove a Listing;
    • restrict Account functionality;
    • suspend selling privileges;
    • temporarily suspend the Account;
    • permanently terminate the Account; or
    • refuse future registration.
  2. The Operator may remove a Listing without prior notice where it reasonably believes that the Listing:
    • violates applicable law;
    • breaches these Terms and Conditions;
    • is contrary to accepted standards of conduct;
    • is misleading;
    • may endanger the safety of people or animals; or
    • may damage the reputation of ReptiMarket.
  3. Sanctions may also be imposed for attempts to circumvent these Terms and Conditions, including by creating multiple Accounts or taking actions intended to bypass restrictions imposed by the Operator.
  4. When deciding on appropriate sanctions, the Operator shall take into account the nature of the violation, its consequences, and the need to protect the Platform and its Users.

§13. Limitation of Liability and Complaints

  1. The Operator shall exercise reasonable care to ensure the proper operation of the Platform but does not guarantee uninterrupted, error-free, or continuous availability of the Services.
  2. The Operator shall not be liable for:
    • Content published by Users;
    • the accuracy of Listings;
    • the quality, health, condition, or legality of animals offered for sale;
    • the failure or improper performance of agreements concluded between Users;
    • losses resulting from inaccurate information provided by Users;
    • acts or omissions of third parties;
    • failures of telecommunications or IT networks;
    • technical interruptions;
    • failures of internet service providers;
    • computer viruses or cyberattacks; or
    • events of Force Majeure.
  3. To the extent permitted by applicable law, the Operator shall not be liable for any loss of profit or other indirect or consequential damages arising from the use of, or inability to use, the Platform.
  4. With respect to Business Users, the Operator's liability shall be excluded to the fullest extent permitted by applicable law.
  5. Complaints concerning the operation of the Platform may be submitted electronically to the contact address indicated by the Operator.
  6. A complaint should include:
    • the complainant's details;
    • a description of the issue;
    • the date on which it occurred;
    • the relevant Account or Listing number; and
    • the requested method of resolution.
  7. The Operator shall review complaints within fourteen (14) Business Days of receipt. Where additional information from the User is required, this period may be extended accordingly.
  8. Complaints relating to transactions concluded between Users should be resolved directly between the parties. The Operator may, at its discretion, facilitate communication or mediation but is under no obligation to resolve disputes or issue binding decisions.

§14. Intellectual Property and Licence to Use User Content

  1. All intellectual property rights relating to the ReptiMarket Platform, including, without limitation:
    • the ReptiMarket name;
    • logos;
    • word and figurative trademarks;
    • domain names;
    • the user interface;
    • the website layout and graphic design;
    • software;
    • databases;
    • source code;
    • advertising materials;
    • educational materials;
    • texts;
    • graphics;
    • videos;
    • documentation; and
    • other visual identity elements,
  2. are owned by the Operator or by entities that have granted the Operator the appropriate rights, and are protected under copyright law, industrial property law, and other applicable laws.
  3. Use of the Platform does not transfer any intellectual property rights belonging to the Operator to the User.
  4. Unless expressly authorised in writing by the Operator, Users may not:
    • copy;
    • reproduce;
    • distribute;
    • translate;
    • decompile;
    • modify; or
    • commercially exploit
  5. all or any part of the Platform or its components.
  6. By publishing a Listing or any other Content on ReptiMarket, the User represents and warrants that:
    • they own or otherwise hold all necessary rights to the published Content;
    • the Content does not infringe any copyright, neighbouring rights, industrial property rights, trademarks, or personal rights of any third party;
    • all legally required permissions and consents have been obtained; and
    • they accept full responsibility for the published Content.
  7. Upon publication of any Content, the User grants the Operator a worldwide, non-exclusive, royalty-free licence to use such Content for the duration of its publication and for any additional period reasonably necessary for archiving, documentation, and the promotion of ReptiMarket.
  8. This licence includes, in particular, the right to:
    • store;
    • reproduce;
    • publish;
    • display;
    • distribute;
    • archive;
    • allow indexing by internet search engines;
    • crop images;
    • resize images;
    • compress files;
    • translate descriptions;
    • generate thumbnails;
    • create backup copies;
    • use the Content within mobile applications; and
    • use the Content in the Operator's advertising and promotional materials.
  9. The User further authorises the Operator to use photographs, videos, descriptions, breeder names, store names, trademarks, logos, and other elements of Listings for promotional and marketing purposes relating to ReptiMarket, including publication:
    • on the ReptiMarket website;
    • in mobile applications;
    • on social media platforms;
    • in online advertisements;
    • in newsletters;
    • in catalogues;
    • in presentations;
    • in printed materials;
    • in press materials;
    • in materials prepared for business partners; and
    • during trade fairs, conferences, and other industry events.
  10. The User acknowledges that use of the Content in accordance with these Terms and Conditions:
    • does not infringe their intellectual property rights;
    • is based on the licence granted herein;
    • does not require separate consent for each individual use; and
    • does not give rise to any obligation on the part of the Operator to pay remuneration or any other compensation.
  11. The Operator may continue using Content after a Listing has been removed where such Content has previously been incorporated into advertising campaigns, promotional materials, archived publications, or informational materials relating to ReptiMarket.
  12. The Operator may identify the relevant breeder, Store, or User profile when publishing promotional materials containing the User's Content.
  13. The Operator reserves the right to refuse publication of, or remove, any Content that violates applicable law, third-party rights, or these Terms and Conditions.
  14. The User acknowledges that deleting a Listing or an Account does not require the Operator to remove Content that has already been lawfully incorporated into advertising campaigns, promotional materials, press publications, social media content, catalogues, presentations, archives, or other materials promoting ReptiMarket. To the fullest extent permitted by law, the User waives any claims against the Operator arising solely from such continued use.

§15. Force Majeure and Platform Changes

  1. The Operator shall not be liable for any failure or delay in providing the Services where such failure or delay results from an event of Force Majeure.
  2. Force Majeure includes, without limitation:
    • natural disasters;
    • fires;
    • floods;
    • war;
    • riots;
    • acts of terrorism;
    • actions of public authorities;
    • failures of telecommunications providers;
    • data centre failures;
    • power outages;
    • internet outages;
    • cyberattacks;
    • DDoS attacks;
    • epidemics;
    • pandemics; and
    • any other circumstances beyond the Operator's reasonable control.
  3. The Operator may temporarily suspend all or part of the Platform for the purpose of:
    • remedying technical failures;
    • carrying out maintenance;
    • updating the system;
    • improving security; or
    • implementing new functionality.
  4. The Operator reserves the right to develop and modify the Platform by:
    • introducing new features;
    • removing existing features;
    • changing the appearance of the Platform;
    • modifying the operation of the Services;
    • changing Subscription plans;
    • changing Listing limits;
    • changing payment methods;
    • modifying available integrations; and
    • changing the way Listings are displayed.
  5. Changes to Platform functionality that do not affect Users' rights or obligations shall not constitute amendments to these Terms and Conditions.

§16. Governing Law and Dispute Resolution

  1. These Terms and Conditions and the use of the Platform shall be governed by the laws of the Republic of Poland.
  2. Matters not regulated herein shall be governed, in particular, by:
    • the Polish Civil Code;
    • the Act on the Provision of Electronic Services;
    • the Consumer Rights Act;
    • the Electronic Communications Law;
    • applicable data protection legislation; and
    • all other applicable laws and regulations.
  3. The parties shall endeavour to resolve any disputes amicably before initiating legal proceedings.
  4. Consumers may make use of out-of-court dispute resolution procedures where available under applicable law.
  5. Information regarding alternative dispute resolution procedures is available from the competent public authorities.
  6. Any disputes between the Operator and a Business User shall be submitted to the court having jurisdiction over the Operator's registered office unless mandatory provisions of law provide otherwise.
  7. For Consumers, jurisdiction shall be determined in accordance with mandatory applicable law.

§17. Amendments to the Terms and Conditions

  1. The Operator reserves the right to amend these Terms and Conditions for valid reasons, including:
    • changes in applicable law;
    • technological developments;
    • further development of the Platform;
    • improvements to security;
    • organisational changes;
    • changes to the business model; or
    • expansion of Platform functionality.
  2. Users shall be notified of any amendments at least fourteen (14) days before they become effective by:
    • email;
    • a notice in the User Panel; or
    • a notice published on the ReptiMarket website.
  3. Continued use of the Platform after the effective date of the amendments constitutes acceptance of the revised Terms and Conditions, subject to any mandatory provisions of applicable law.

§18. Final Provisions

  1. If any provision of these Terms and Conditions is found to be invalid, unenforceable, or ineffective, the remaining provisions shall remain in full force and effect.
  2. The Operator may transfer its rights and obligations relating to the operation of the Platform to an affiliated entity or legal successor, provided that Users' rights under applicable law are not adversely affected.
  3. These Terms and Conditions shall be made available free of charge on the ReptiMarket website in electronic form, enabling Users to download, save, and print them.
  4. These Terms and Conditions shall enter into force on the date specified by the Operator and shall remain in effect until amended or repealed.
  5. The current version of these Terms and Conditions shall always be published on the ReptiMarket website.